Filing a Personal Injury Claim for a Child in South Carolina

When a child is injured due to someone else’s negligence, filing a personal injury claim in South Carolina involves additional considerations compared to claims involving adults. Handling a personal injury case for a minor requires specific legal steps and an understanding of how the law treats such cases. Here’s a clear guide on what to expect and how to navigate the process.

Legal Framework for Minors in Personal Injury Cases

In South Carolina, the legal system recognizes that minors—persons under 18—require special protection and considerations in personal injury claims. Generally, a parent or legal guardian must act on behalf of the minor in pursuing a claim. This includes filing the lawsuit, managing the case, and negotiating settlements.

Key Steps in Filing a Personal Injury Claim for a Minor

Seek Medical Attention: The first priority after a child is injured is to ensure they receive appropriate medical care. Prompt treatment is essential not only for their health but also for documenting the extent of the injuries for the claim.
Gather Evidence: Collect all relevant evidence related to the accident, including medical records, accident reports, photographs, and witness statements. This evidence will support the claim by establishing the extent of the injury and the circumstances leading to it.
Consult with a Personal Injury Attorney: Engage an attorney experienced in handling personal injury claims for minors. An attorney will guide you through the legal process, help gather necessary documentation, and advocate on your behalf.
File a Lawsuit: If a settlement cannot be reached, a lawsuit may need to be filed. In South Carolina, the statute of limitations for filing a personal injury claim is generally three years from the date of the injury. However, for minors, this period often extends to three years from their 18th birthday.
Manage Settlement or Award: Any settlement or court award for a minor must be approved by the court. South Carolina law requires that the settlement or award be handled in a manner that benefits the minor, often through a trust or guardianship arrangement until they reach adulthood.

Special Considerations for Minor Injury Claims

Parental Involvement: Parents or guardians must represent the minor’s interests throughout the legal process. They are responsible for making decisions about the case and ensuring that any settlement is in the child’s best interest.
Court Approval: Settlements for minors require court approval to ensure that the terms are fair and beneficial. The court will review the proposed settlement to confirm that it serves the minor’s best interests and that the funds are managed properly.
Minor’s Future Needs: Consider the long-term impact of the injury on the child’s future. This includes potential ongoing medical care, psychological effects, and any potential impact on education or quality of life. The settlement should reflect these future needs.
Insurance Adjusters: Dealing with insurance companies can be challenging, especially when negotiating on behalf of a child. Insurance adjusters may try to minimize the payout. Having an attorney experienced in personal injury cases can help ensure fair compensation.
Legal Guardianship: In some cases, if the parents or guardians are not available or suitable, a court may appoint a legal guardian to manage the claim and any resulting funds.

Conclusion

Filing a personal injury claim for a minor in South Carolina involves unique challenges and requirements. Ensuring the child’s best interests are protected throughout the process is crucial. By following the proper legal steps and working with an experienced attorney, you can effectively manage the claim and secure the necessary compensation to support the child’s recovery and future needs.

If your child has been injured due to someone else’s negligence, seeking prompt legal advice from a qualified personal injury attorney can help you navigate the complexities of the claim and ensure that their rights are fully protected.